South Sudan’s national parliament is considering enacting a law that will give the National Security Service police powers and the right to arrest anybody secretly and without warrant.

Officers of the National Security Service will be required to take an oath of obedience before President Salva Kiir. “On being commissioned, appointed officers of the Service shall take oath before the President [sic],” reads article 34 (2) of the bill.

According to the text of the oath itself, officers will swear obedience and will commit to preserve the “secrecy of the Service.”

After taking this oath, an officer cannot be removed from office except by presidential order and he will be immune from criminal prosecution.

Article 50 (1) of the bill allows authorized members of the service to arrest “without warrant” any South Sudanese suspected of having committed a crime, while Article 51 (b) allows the Service to secretly detain citizens without warrant, according to a version of the draft law obtained by Radio Tamazuj last week.

Besides the oath of loyalty, an officer of the service will also be required to “dedicate all his or her time and activity” to the Service, and will “consider himself or herself on duty for twenty four hours,” unless permitted by a senior officer to leave his place of duty.

The bill gives members of the National Security Service “all powers of the police” as defined under police service law and criminal procedure laws, revising the original remit of the Service as defined under the country’s 2011 transitional constitution, which said the mandate was “information gathering, analysis and advice.”

“The Service shall gather, retain and disseminate information related to any person as is necessary for carrying out its duties and functions under this Bill,” reads Article 29 of the proposed law.

Article 12 of the bill allows the National Security Service (NSS) to “monitor, investigate and conduct search of suspects and places.”

The NSS will also be mandated to monitor communications systems, newspapers and radio stations “in respect to security interest so as to prevent misuse by users.”

The new security bill also makes certain offenses committed by a member of the NSS punishable by death. For example, a member of the Service who “refuses to perform an act so as to expose… the Service to danger” (Article 56), may be sentenced to death by summary trial of a panel of officers of higher rank. 

Only NSS members would be subject to such rulings, and not members of the general public.

Provisions of the bill also allow for the recruitment of networks of paid ‘agents’ who are not permanent or regular employees of the Service but rather work elsewhere and inform to the service.

The bill is scheduled to be brought before the floor of the parliament on Tuesday.

File photo: Gen. Salva Kiir

Related:

Document: South Sudan’s National Security Bill (30 Sept.)

Human rights groups call for apology from National Security Service (19 Aug.)

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